LAST UPDATED: JULY 6, 2011
You must be 18 years of age or older to use, register for an account, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions.
CHANGES TO THESE TERMS
All of the content you see on the Website is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by House of Exposure and its licensors, including the artists whose photographs are available for purchase on the Website. All of the content is protected under the copyright and intellectual property laws of the United States and other countries. You may review and display the content from the Website solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from House of Exposure. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by House of Exposure. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.
House of Exposure respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html. House of Exposure’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
House of Exposure
1357 Broadway Suite 433
New York, NY 10018
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to House of Exposure on or by the Website or otherwise disclosed, submitted or offered to House of Exposure (collectively, “Comments”) shall be and remain House of Exposure’s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to House of Exposure of all worldwide right, title and interest in all copyrights and other intellectual property in the Comments. You agree that no Comments submitted by you to House of Exposure will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms, House of Exposure reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
If you register for an account with House of Exposure, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.
The Website may provide links to other World Wide Web sites or resources. Because House of Exposure has no control over such sites and resources, House of Exposure is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. House of Exposure shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. House of Exposure reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by House of Exposure for any type of link to the Website. To request our permission, you may write to House of Exposure at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.
House of Exposure will use commercially reasonable efforts to process orders placed on our Website within the timeframes specified at the time the order is placed. House of Exposure cannot guarantee that orders will be processed, or received, by a particular date. Order specifications and shipping fees will be disclosed at the time orders are placed.
We have done our best to display as accurately as possible the colors of the photographs and other products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNIFICATION
THIS WEBSITE IS PROVIDED BY HOUSE OF EXPOSURE ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOUSE OF EXPOSURE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOUSE OF EXPOSURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOUSE OF EXPOSURE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HOUSE OF EXPOSURE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER HOUSE OF EXPOSURE NOR ITS AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold House of Exposure and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or your violation of these.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
House of Exposure specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
a. Impersonating another person;
b. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
c. Attempting to interfere in any way with the Website's or House of Exposure's networks or network security, or attempting to use the Website to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. House of Exposure will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
a. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
b. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
LOCATION OF USE
House of Exposure controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website or purchase products from the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States.
TERMINATION OF ACCESS
House of Exposure may terminate your access, or suspend your access to all or part of the Website, without notice, in House of Exposure's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that House of Exposure, in its sole discretion, believes is a violation of these Terms, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, House of Exposure, or its affiliates.
These Terms shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law principles. You agree that any claim or dispute you may have against House of Exposure must be resolved by a court located in New York, New York. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all claims or disputes.
WAIVER AND SEVERABILITY
The failure of House of Exposure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
To contact House of Exposure with any questions or concerns in connection with these Terms or the Website, or to provide notice to House of Exposure, you can email, call, fax, or write to us at the following:
House of Exposure
1357 Broadway Suite 433
New York, NY 10018